IPW Autumn Journal 2026 (8) - Flipbook - Page 8
Will Files
Will
Files That
That Can
Can
Withstand
Withstand Larke
Larke vv Nugus
Nugus
Requests
Requests
Most willwriters will hope never to receive a Larke v Nugus request, but
if one does arrive, the quality of your file can make all the difference. A
clear, well-organised file not only helps protect your client's wishes but
also allows you to respond efficiently and with confidence should a
request arise.
A Larke v Nugus request is typically made where a will is being
challenged and seeks information about the preparation and
execution of the will. Common areas of enquiry include testamentary
capacity, knowledge and approval, undue influence, and due
execution. Whilst these requests can seem daunting, a strong file often
contains the answers before the questions are even asked.
Comprehensive Attendance Notes
Good file management begins with detailed contemporaneous notes.
Potentially years later, these notes may become your most valuable
evidence. Record:
Who made the initial contact.
Who attended meetings.
Whether you saw the client alone.
The client's instructions in their own words where relevant.
Advice provided and reasons for key decisions.
Any changes from previous wills and why they were made.
Don't Overlook Capacity and
Vulnerability
One of the most common areas of
challenge relates to testamentary
capacity. Your file should clearly
demonstrate the steps taken to satisfy
yourself that the client understood:
The nature and effect of making a
will.
The extent of their estate.
Those who might reasonably expect
to benefit from it.
Samantha Evans - Solicitor
mfg Solicitors, Contentious Probate
